Short Answer

Yes. In North Carolina, you may file a civil assault or battery lawsuit even if you never sought hospital or medical care. Medical records help prove damages, but they are not required to prove the claim itself. You can use witness statements, photos, police reports, and your own testimony to show what happened and how it affected you. You generally must file within three years of the incident.

Understanding the Problem

You want to know if you can bring a North Carolina personal injury case for assault when you did not go to the hospital. The key decision is whether you can sue the person who harmed you (civil assault/battery) despite having no medical bills or treatment records. The actor is the injured person (you) seeking civil damages, and the timing centers on filing before the standard limitations period runs.

Apply the Law

North Carolina recognizes civil assault (putting someone in reasonable fear of imminent harm) and civil battery (harmful or offensive contact). Physical injury and medical treatment are not elements of these claims. Medical care primarily affects the amount of damages you can prove, not whether you can file. The case is filed in civil court in the county where the defendant lives or where the assault occurred, and most personal injury claims must be brought within three years.

Key Requirements

• Liability (Assault): The defendant intentionally caused you to reasonably fear an immediate harmful or offensive contact.
• Liability (Battery): The defendant intentionally made harmful or offensive contact with you without consent.
• Causation: The assault/battery caused your harms (physical, emotional, or economic).
• Damages: You may recover for pain, suffering, emotional distress, lost wages, and other losses; nominal damages are possible even with minimal financial loss.
• Deadline/Forum: File in the proper North Carolina civil court within the applicable statute of limitations (generally three years); serve the defendant under the civil rules.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitations—three years for personal injury) — most civil assault/battery claims must be filed within three years of the incident.
• North Carolina Gen. Stat. § 1A-1, Rule 4 (Service of process) — sets the methods and requirements for serving a civil summons and complaint.
• North Carolina Gen. Stat. § 1D-15 (Punitive damages standard) — allows punitive damages for fraud, malice, or willful/wanton conduct, which may apply to intentional assaults.

Analysis

Apply the Rule to the Facts: Because medical treatment is not an element of assault or battery, not going to the hospital does not prevent you from filing. You would still need to show that the defendant intentionally threatened or touched you unlawfully (liability), that the event caused harm (causation), and that you suffered damages. You can prove damages with photos, witness statements, a police report, work records for missed time, and your own description of pain and emotional distress.

Process & Timing

1. Who files: The injured person (plaintiff). Where: Clerk of Superior Court in the county where the defendant resides or where the assault occurred. What: Civil Summons (AOC-CV-100) and a Complaint stating assault and/or battery; arrange service under Rule 4 by sheriff or certified mail. When: File within the statute of limitations—typically three years from the date of the assault.
2. After service, the defendant must respond under the North Carolina Rules of Civil Procedure. Discovery follows (exchange of evidence). Many counties require mediation in superior court cases before trial.
3. Cases may resolve by settlement or proceed to trial for a judgment awarding damages; the court enters a final order if you prevail.

Exceptions & Pitfalls

• Claims against government entities or employees may face immunity and special procedures; different forums or rules can apply.
• Service mistakes can delay or derail your case—follow Rule 4 carefully for proper service.
• If the defendant does not appear, courts typically require a military service affidavit before entering a default judgment due to servicemember protections.
• Waiting too long risks missing the limitations period; minors or legally incapacitated persons may have tolling, but do not rely on exceptions without legal advice.
• Without medical records, expect closer scrutiny of damages—preserve other proof: photos of injuries, witness names, police report, and documentation of missed work.

Talk to a Personal Injury Attorney

If you’re dealing with an assault injury and aren’t sure what to do without medical records, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-313-2737.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney–client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.